HomeMy WebLinkAboutAgreements/Contracts - Facilities & MaintenanceGRANT COUNTY
COMMISSIONERS AGENDA MEETING REQUEST FORM
(Must be submitted to the Clerk of the Board by 12:00pm on Thursday)
REQUESTING DEPARTMENT:Facilities and Maintenance DATE: 10/24/2024
REQUEST suBnnirTED BY: Kevin Schmidt
PHONE:509-754-2011, 3272
CONTACT PERSON ATTENDING ROUNDTABLE: Kevin Schmidt/Tom Gaines
CONFIDENTIAL INFORMATION: ❑YES 0 NO
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\ \\\ \\ \�\\\\:.a\�\�\\\c,,.a \�\\\�\\\\\ \�\\\ \\ao\oQ\ \Request to Approve contract with Harver Co. to apply acoustic coatings to reduce noise in
Old Courhtouse public spaces. Contract amount is $182,973.78, budgeted amount is $205,000.00
This is a budgeted project in the 2024 Capital Outlay. Project is targeted to be completed this year.
If necessary, was this document reviewed by accounting? ❑ YES ❑ NO 0 N/A
If necessary, was this document reviewed by legal? 0 YES ❑ NO ❑ N/A
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DATE OF ACTION: DEFERRED OR CONTINUED TO:
APPROVE: DENIED ABSTAIN
D1:
D2: -
D3: __ly
WITHDRAWN:
RECEIVED
4/23/24
OCT 2 4 2024
Oki
K24-254
CONTRACT
THIS CONTRACT ("Contract"), entered by and between GRANT COUNTY, duly
organized and operating under and by the Constitution and the laws of the State of Washington
("County"),- and The Harver Company, UBI No. 600-459-856, a company duly formed and
doing business in the State of Washington ("Contractor").
In consideration of the mutual promises and covenants contained herein, the parties
hereto agree as follows:
1. Work of Contract/Scope of Work. The Contractor shall do all work and furnish all tools,
materials, equipment, and things of every description necessary to complete the tasks and scope
of work as per this contract for the Grant County FM2409 Old Courthouse Acoustics Pro' ect.
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The end result of this project will be "the reverberation time is expected to be reduced down
around 1.1 seconds. This will allow for less noise buildup and lower room response which in
turn will provide better signal to noise ratio for those carrying conversations. In addition voices
occurring on each floor should travel less and be less apparent to those on other floors." The
applied materials should blend in to maintain the existing appearance of the project work spaces.
2. "Work" means all work individually and collectively performed by the Contractor during the
project.
The Contractor will be responsible for supplying materials, labor and equipment and doing all the
work to complete the following in the areas specified below:
• The spaces that are included in the scope of work is the ceiling above the first -
floor -lobby outside of the Auditor's, Elections offices and Courtroom 202.
• The ceiling above the stairway that goes from the first to the second floor.
• The ceiling above the lobby on the second floor by District Court offices and
Courtroom 3 01.
• Supplying and apples the acoustic materials, BASWA Acoustic Plaster, as
selected by Grant County. 1-5/16" is the thickness of the BASWA Acoustic
Plaster to be applied. See appendix A for more details.
• Any -painting, coating or finishing of the applied materials to match the existing
appearance of the Historic Courthouse.
• SLipply all equipment such as ladders, scaffolding, mixers, tools, and whatever
else is needed to complete the pro' ect.
• Removal and disposal of all excess materials related to this prod; ect.
• Protect all flooring, structure and walls from damage and staining while work is
occurring.
• Provide all materials, equipment and labor to complete the project.
• All permits and related costs will be the responsibility of the contractor.
• Work with -proi ect manager on project timelines and area access.
• Supply barricades, Safety Tape, or other methods to prohibit vehicular and pedestrian traffic from
entering affected areas during time that work is being done and the time the coatings need to cure.
FM2409 Old Courthouse Acoustics— Page 1
3. Project Site. The work shall be accomplished upon the real property commonly known as
the Grant County Courthouse, situated on or about 35 C ST NW in Ephrata Washington, or as may
be more specifically directed at the sole discretion of the County.
4. Date of Commencement and Date of Completion. The Contractor shall commence the
work described herein upon receiving notice to proceed from the County beginning at a time
mutually agreed upon by the parties after having obtained all necessary permits/bonds.
Substantial completion of the work shall occur by December 15, 2024, unless delays beyond
the control of either party cause the date to be extended. This date will not be extended without
approval by the County.
5. Contract Sum and Terms. The agreed Contract sum, except for provisions set forth below
in Paragraph 13, and with payment of such Contract Sum subject to provisions set forth below
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in Paragraphs 8 and 11, and any other provision containedwithin the Contractwhich may affect such
Contract Sum to be paid to Contractor, is as follows:
Subtotal
$168,795.00
Washington State Sales Tax @ 8.4% $14, 178.78
Total $182,973.78
Retainaize (5% of Subtotal) K439.75
a. Retainage: Required for this project. A retainage bond is acceptable and preferred.
5% retainage is required under RCW 60.28.001. The contract is over $35,000,
requiring a notice of completion to be filed and approved before releasing
retainage.
h Intents and Affidavits: Statements of intent to pay prevailing wages and affidavits of
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wages aid are required to be submitted to Washington State Labor and Industries
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according to RCW 39.12.040.
c. Payment Interval and SilliThe Contractor shall submit a monthly billing
statement and invoice to the County. Such billing statement and invoice shall set out
the nature of the work performed, the time and materials involved, or the percentage
of work completed as mutually agreed upon by the Contractor and the County. The
County will pay such a statement and invoice within thirty (30) days of receipt.
6. Performance and Payment Bonds: Required for this project.
7. Indemnily and Hold Harmless. The Contractor shall defend, indemnify, and hold the
County,its officers, officials, employees, and volunteers harmless from any claims, injuries,
damages, losses, or suits, including attorney fees, arising out of or in connection with the
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performance of the contract, except for injuries and damages caused by the sole negligence of
the County.
FM2409 Old Courthouse Acoustics— Page 2
It is further specifically and expressly understood that the indemnification provided herein
constitutes the Contractor's waiver of immunity under Industrial Insurance, title 51 RCW, solely
for indemnification. The parties have mutually negotiated this waiver. The provisions of this
section shall survive the expiration of termination of this contract.
S. Insurance. The Contractor shall procure and maintain, for the duration of this contract,
insurance against claims for injuries to persons or damage to property which may arise from or
in connection with the performance of the work hereunder by the Contractor, its agents,
representatives, employees, or subcontractors. The Contractor shall provide a Certification of
Insurance evidencing:
a. Automobile Liability insurance with limits no less than $1,000,000 combined
single limit per accident for bodily injury and property damage; and
b. Commercial General Liability insurance written on an occurrence basis with limits
no less than $1,000,000 combined single limit per occurrence and $2,000,000
aggregate for personal injury, bodily injury, and property damage. Coverage shall
include but not be limited to blanket contractual; products/completed operations;
broad form property damage; explosion, collapse, and underground XCU if
applicable; and employer's liability.
C. Worker's Compensation insurance at the limits established by the State of
Washington.
Any payment of deductible or self -insured retention shall be the Contractor's sole responsibility.
The County shall be named as an additional insured on the insurance policy concerning work
performed by or on behalf of the Contractor, and a copy of the endorsement naming the county
as an additional insured shall be attached to the Certificate of Insurance. The Contractor's
insurance shall be the primary insurance concerning the County, and the County shall be given
thirty (30) days prior written notice of any cancellation, suspension, or material change in
coverage.
9. Payments Withheld. The County may withhold or nullify the whole or part of any
payment to such extent as may be necessary to protect the County from loss or damage for
reasons including but not limited to:
a Work not within the Contract.
b Reasonable evidence that the work required by the Contract cannot be completed
for the unpaid balance of the contract sum.
c. Work by the County to correct defective work or complete the work.
d Failure by the Contractor to perform work within this Contract.
e. Cost or liability that may occur to the County due to the Contractor's fault,
negligent acts, oromissions.
PROVIDED: In any case where part or all of a payment is going to be withheld for
unsatisfactory performance, the County shall notify the Contractor per RCW 39.76.011(b).
FM2409 Old Courthouse Acoustics— Page 3
Authority of County. Suppose the Contractor fails to perform the work according to the
requirements of the Contract Document. In that case, the County shall provide written notice of the
q deficiency to the Contractor, and the Contractor shall have seven days to correct the deficiency in the
work. If the Contractor fails to correct the deficiency in the work within the seven days or to take
and continue all appropriate steps to initiate the corrections in the event corrections cannot be
reasonably completed in the seven days, the County may, without prejudice to other remedies: (a)
use County forces, other contractors, or other means to make good the Contractors deficiency,
and b deduct from or nullify the Contractor's payments the cost of such effort as described in
paragraph 8 of this agreement.
10. Warranty of Construction. In addition to any special warranties provided elsewhere in
the Contract Document and companion or applicable documents, the Contractor warrants that all
work conforms to the requirements of the Contract and is free of any defect in equipment,
material, or design furnished or workmanship performed by the Contractor.
Concerning all warranties, express or implied, for work performed or materials furnished
according to the Contract and companion or applicable documents, the Contractor shall:
a. Obtain all warranties that would be given in standard commercial practice.
b. Require all warranties to be executed, in writing, for the benefit of the County; and
c. Enforce all warranties for the benefit of the County, if directed by the County,
including any subcontractor's, manufacturer's, or supplier's warranty that extends beyond
the period specified in the Contract.
d. The obligations under this Section shall survive completion.
11. Successors and Assigns. The County and Contractor respectively bind themselves, their
partners, successors, assigns, and legal representatives to the other party hereto and to partners,
successors, assigns, and legal representatives of such other party regarding covenants,
agreements, and obligations contained in the Contract. Neither party shall assign the work
without the written consent of the other. If either party attempts to assign without such consent,
that party shall remain legally responsible for all obligations outlined in the Contract.
12. Changes in Work. The County may, at any time and without notice to the Contractor's
surety, order additions deletions revisions, or other changes in the work. These changes in the
work shall be incorporated into the Contract Document through the execution of Change Orders.
Suppose any change in the work ordered by the County causes an increase or decrease in the
Contract Sum or the performance time. In that case, an equitable adjustment shall be made, and
such adjustments(s) shall be incorporated into a Change Order.
If the County desires to order a change in the work, it may request a written Change Order
proposal from the Contractor. The contractor shall submit a Change Order proposal within 14
days of the request from the County or within such other period as mutually agreed. The
FM2409 Old Courthouse Acoustics— Page 4
contractor's Change Order proposal shall include total compensation for implementing the
proposed change in the work, including any adjustment in the contract sum or time of
performance, and including compensation for all delays in connection with such change in the
work and for any expense or inconvenience, disruption of schedule, or loss of efficiency or
productivity occasioned by the change in the work. Upon receipt of the Change Order proposal
or a request for equitable adjustment to the contract sum or time of performance, the County
may accept or reject the proposal, request further documentation, or negotiate acceptable terms
with the Contractor.
Pending agreement on the terms of the Change Order, the County may direct the Contractor to
proceed immediately with the Change Order work. The contractor shall not proceed with any
change in the work until it has obtained the County's approval. All work done under any county -
directed change in the work shall be executed per the Contract.
13. No Agency Relationship. Neither the Contract nor any agreement implied therefrom
constitutes the Contractor as an agent or legal representative of the County for any purpose
whatsoever, and the Contractor's relationship to the County because of the Contract Document
shall be that of an independent contractor. The Contractor is not granted any express or implied
right or authority to assume or create any obligation or responsibility on behalf of or in the name
ofthe County or to bind the County in any manner or thing whatsoever.
14. Clean Up. The contractor shall always keep the project site, including hauling routes,
infrastructures, utilities, and storage areas, free from accumulations of waste materials. Before
completing the work, the Contractor shall remove its rubbish, tools, scaffolding, equipment, and
materials from the premises. Upon completing the Work, the Contractor shall leave the project
site in a clean, neat, and orderly condition that is satisfactory to the County. If the Contractor
fails to clean up as provided herein, and after reasonable notice from the County, the County
may do so, and the cost thereof shall be charged to the Contractor.
15. Survival. If any clause or provision of this Contract shall be invalid, the remaining clauses
and provisions shall nevertheless be and remain in full force and effect.
16. Entire Agreement. The Contract embodies the entire agreement between the parties; all
other agreements, oral or written, are now merged and superseded by the Contract. There are no
other agreements which modify or affect the terms hereof. No amendment hereto shall be
binding unless the terms thereof are in writing and signed by both parties. Time is of the essence.
No verbal or other agreements modify or affect the Contract.
17. Explanation of Documents. The Contractor has thoroughly reviewed the Contract. The
Contractor has had the opportunity to consult with legal counsel as to the legal effect of the
Contract.
18. Notices. All notices required under the terms hereof are to be in writing and delivered
personally to the party to receive the same or mailed by regular mail, postage prepaid to the
address specified adjacent to the parties' signatures. All notices shall be deemed served upon
delivery thereof or three (3) days following deposit ofthe notice in the U.S. mail as required herein.
FM2409 Old Courthouse Acoustics— Page 5
Headin s Construction. The headings of the sections and paragraphs are inserted solely for the
convenience of the parties. They are not a part of and are not intended to govern, limit, or aid in
constructing any term or provision hereof. In construing the parties intent regarding
In this contract, no more significant or stricter construction of any term or provision hereof shall
be asserted against the county as drafter.
19. Governing Law, Venue. The performance and interpretation of the Contract Document
shall be governed and interpreted by the laws of the State of Washington. Any litigation arising
from or in connection with this Contract shall be conducted in Grant County, Washington.
FM2409 Old Courthouse Acoustics— Page 6
CONTRACTOR: The Harver Company
Accepted By:
Kevin Hula-ihwsiAnA Secretary -Treasurer
License NO. HARVEC* 121 OZ
UBI No. 600-459-856
Dated the 18th -of October , 2024.
ATTEST:
.✓ 8P
_.;'BfarbI
ra J. Vasquez,
Clerk of the Board
Approved as to form:
By '
Bgr , WSBA # _
1
rosut n Attorne
g Y
Date:
BOARD OF COUNTY COMMISSIONERS
GRANT COUNTY, WASHINGTON
Cindy , Cart C6ir
C�o
Danny Stone, Vice Chair
Ro nes, ember
FM2409 Old Courthouse Acoustics— Page 7
Appendix A
BASWAAcoustic Plaster System
Detailed Description of the Process
• Work to proceed in five phases to insure public access. Each Phase to be coned off. with caution
tape.
First three Phase to he
,gin on first floor.
o Fourth and fifth phase will be on, the second floor.
0 We will. stock each, phase in the the morning before Court House is open, -to avoid public traffic.
o Build scaffolding to let the public still have access toofives adjacent to lobbies,,
o Install covering to protect the floors, walls, and molding.
o Stick BASWA pads with glue to the, existin,g,substrate.
install. L-trim around the
pertmeter of recesses adjacent to the crown molding
Coat joil,nts and trimis with BASWA Fill
IA nstall BASWbase coat with. color, integrated.
o Spray texture with color integrated.
a Clean up and remove all construction related debris as we move along -witb each phase.
a All materials and. to be stored in Conex until, needed.
FM2409 Old Courthouse Acoustics— Page 8